1-1 By: Hill (Senate Sponsor - Madla) H.B. No. 1847 1-2 (In the Senate - Received from the House May 13, 1999; 1-3 May 14, 1999, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 14, 1999, reported favorably by 1-5 the following vote: Yeas 4, Nays 0; May 14, 1999, sent to 1-6 printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the presumed validity of a district act or proceeding. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter D, Chapter 36, Water Code, is amended 1-12 by adding Section 36.123 to read as follows: 1-13 Sec. 36.123. DISTRICT ACT OR PROCEEDING PRESUMED VALID. 1-14 (a) A governmental act or proceeding of a district is conclusively 1-15 presumed valid and to have occurred in accordance with all 1-16 applicable statutes and rules if: 1-17 (1) the first anniversary of the effective date of the 1-18 act or proceeding has expired; and 1-19 (2) a lawsuit to annul or invalidate the act or 1-20 proceeding has not been filed on or before that first anniversary. 1-21 (b) This section does not apply to: 1-22 (1) an act or proceeding that was void at the time it 1-23 occurred; 1-24 (2) an act or proceeding that, under a statute of this 1-25 state or the United States, was a misdemeanor or felony at the time 1-26 the act or proceeding occurred; 1-27 (3) a rule that, at the time it was passed, was 1-28 preempted by a statute of this state or the United States, 1-29 including Section 1.06 or 109.57, Alcoholic Beverage Code; or 1-30 (4) a matter that on the effective date of this 1-31 section: 1-32 (A) is involved in litigation if the litigation 1-33 ultimately results in the matter being held invalid by a final 1-34 judgment of a court; or 1-35 (B) has been held invalid by a final judgment of 1-36 a court. 1-37 SECTION 2. Subchapter H, Chapter 49, Water Code, is amended 1-38 by adding Section 49.233 to read as follows: 1-39 Sec. 49.233. DISTRICT ACT OR PROCEEDING PRESUMED VALID. 1-40 (a) In this section, "district" means: 1-41 (1) a district or authority created by authority of 1-42 Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, 1-43 Texas Constitution, under general or special law; or 1-44 (2) a special water authority as defined by Section 1-45 49.001. 1-46 (b) A governmental act or proceeding of a district is 1-47 conclusively presumed valid and to have occurred in accordance with 1-48 all applicable statutes and rules if: 1-49 (1) the first anniversary of the effective date of the 1-50 act or proceeding has expired; and 1-51 (2) a lawsuit to annul or invalidate the act or 1-52 proceeding has not been filed on or before that first anniversary. 1-53 (c) This section does not apply to: 1-54 (1) an act or proceeding of a navigation district or 1-55 port authority created under general or special law; 1-56 (2) an act or proceeding of a groundwater conservation 1-57 district created under general or special law; 1-58 (3) an act or proceeding of a conservation or 1-59 reclamation district created under Chapter 62, Acts of the 52nd 1-60 Legislature, Regular Session, 1951 (Article 8280-141, Vernon's 1-61 Texas Civil Statutes); 1-62 (4) an act or proceeding that was void at the time it 1-63 occurred; 1-64 (5) an act or proceeding that, under a statute of this 2-1 state or the United States, was a misdemeanor or felony at the time 2-2 the act or proceeding occurred; 2-3 (6) a rule that, at the time it was passed, was 2-4 preempted by a statute of this state or the United States, 2-5 including Section 1.06 or 109.57, Alcoholic Beverage Code; or 2-6 (7) a matter that on the effective date of this 2-7 section: 2-8 (A) is involved in litigation if the litigation 2-9 ultimately results in the matter being held invalid by a final 2-10 judgment of a court; or 2-11 (B) has been held invalid by a final judgment of 2-12 a court. 2-13 SECTION 3. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended, 2-18 and that this Act take effect and be in force from and after its 2-19 passage, and it is so enacted. 2-20 * * * * *